The form and content of charge are important aspects of criminal trial.
Form of Charge
- The charge should be written in clear, concise, and simple language, so that the accused can easily understand the allegations against them.
- The charge should be written in a standard form, as prescribed by law, and should include the name of the accused, the date and place of the alleged offense, and the specific section of law under which the accused is charged.
- The charge should be signed by the prosecutor or the person authorized by law to conduct the prosecution.
Content of Charge
- The charge should specify the exact nature and circumstances of the offense, including the time, place, and manner in which it was committed.
- The charge should clearly state the offense that the accused is alleged to have committed, along with the section and sub-section of the law under which the accused is being charged.
- The charge should be specific enough to enable the accused to prepare their defense and to prevent them from being prejudiced by any ambiguity or vagueness in the charge.
- The charge should not be based on hearsay or conjecture, but should be supported by material evidence and facts that can be proven in court.
- The charge should be framed in such a way that it does not prejudice the accused and allows them a fair and impartial trial.
